Home > 5 Referendum/Consultation > MOLDOVA - Joint Opinion on the Draft Law on Changes to the Electoral Code
 
 
 
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Paragraph 22
 

The absence of specific procedures and of clear legal criteria to recall the President of the Republic of Moldova may pose a risk in that sense. In practice, the recall procedure is a political one, not based on any clear legal criteria, which might be assessed by the Constitutional Court, and it is up to the Parliament to decide on the reasons for it. Article 169 of the Electoral Code should be revised in order to make clear that the decision on the removal from office of the President cannot be cancelled by a further referendum. Moreover, it would be advisable to amend Article 89 of the Constitution in the light of the criticism addressed by the Venice Commission to the similar provision in the draft law on the review of the Constitution of Romania (see CDL-AD(2014)010, paragraph 157-159). At any rate, the authorities should not wait for the occurrence of a case of recall to legislate the issue in detail. The Venice Commission and the OSCE/ODIHR recommend that the procedure for the recall of the President of the Republic be made more precise and, in particular, that the conditions for Parliament to initiate such procedure be detailed, in order to make it dependent on legal conditions and not on political considerations.